TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our web site (hereafter "web site"). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter "products"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Company through its web site(s).
This website is owned by The Luxe Company, a trading name of The Luxe Trading Company Limited (hereafter “Company”) , a company registered in England and Wales (Co. Reg. No. 9900120), whose registered office is at 12 Church Lane, Swainby, Northallerton, North Yorkshire, DL6 3EA
The following words used in these Terms shall have the following meanings:
“Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
"Company web site" shall mean all web sites on which the Company provides products and/or services.
"Company User" shall mean all Users of the Company web site(s) and products and/or services.
"Company Products and Services" shall mean all products and/or services provided directly by Company;
“3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company web site(s).
ORDERING GOODS FROM US
Individuals: These terms of sale apply to all goods and services supplied by The Luxe Company via www.theluxecompany.co.uk. The website is governed by the following terms and conditions; they do not affect your statutory rights.
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on www.theluxecompany.co.uk. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team via email at firstname.lastname@example.org.
Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found to be incorrect we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
Any and all discount codes that are live/available/applicable at the time you are placing your order relate purely to stock items held by the company. They do not apply to goods delivered directly from our suppliers. If a discount code used is found to be incorrectly available in relation to your order we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation of dispatch by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
- where we cannot obtain authorisation for your payment
- if there has been a discount, pricing or product description error (regardless of whether this is human or technical error)
- if you do not meet any eligibility criteria set out in our terms and conditions
- where goods ordered by you are not available
- if we do not deliver to your area
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
The Luxe Company reserves the right to amend or change the selected carrier at it's sole discretion. Any changes made to the selected carrier will be to alternate services offering the same or improved delivery times. Any additional charges arising from such changes will be covered by The Luxe Company.
The Luxe Company does not guarantee delivery unless a tracked or special delivery service is selected. In all other instances, we will not refund claims for non-delivered goods where we are able to provide evidence of dispatch and corresponding third party confirmation of delivery, e.g. screenshot of your order on our dispatch system with tracking information correlating to Royal Mail Tracking confirmation of delivery. If we are unable to provide such information then a full refund will be made.
Consumer right of return and refund
This clause only applies if you are a consumer.
If you are a consumer, you have the right to cancel this contract within 14 days of date of receipt of goods without giving any reason. This means that during this period if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
As a courtesy to our customers we accept returns within 21 days of date of order however the cancellation period will expire after 21 days from the date of order or 14 days from receipt of goods, whichever is the sooner, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or the last goods or the last lot or piece (as the case may be).
Clearance goods are not eligible for return, refund or exchange beyond the 14 day from date of receipt of goods cancellation period. In accordance with your statutory rights, refunds in relation to goods marked on the site as Clearance will only be made if the order is formally cancelled (as defined below) within 14 days of receipt of goods. Thereafter, if we receive written advice of cancellation or return of goods, the value of the items will be credited via eCredit to your account with us for use against future orders upon receipt of the goods. Clearance goods returned in error will be returned to you upon request and subject to receipt of payment of the re-delivery postage cost equal to the amount originally paid or that which would have been payable had free delivery not been applicable.
Refunds re any and all returns received without a completed returns note indicating specific wishes will be made, where applicable, by way of eCredit to your account with us for use against future orders.
Items acquired from our suppliers to meet specific customer requirements, e.g. size/colour/pattern, may be returned but will be refunded by way of eCredit to your account for use against any future orders.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post The Luxe Company, 12 Church Lane, Swainby, Northallerton, North Yorkshire, DL6 3EA or e-mail to email@example.com).To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.Whether exercising your legal right to cancel or returning a product under our returns policy, you do not have a right to return the following/cancel your order in respect of...
- any made-to-measure or custom-made products or products made to your specification or clearly personalised;
- newspapers, periodicals or magazines;
- perishable goods, such as food, drink or fresh flowers;
- software, DVDs or CDs which have a security seal which you have opened or unsealed.
- products sealed for health protection or hygience purposes once you have unsealed them. For example:
- mattresses, duvets and pillows once the seals have been broken or removed
- toiletries or beauty products if the seals have been broken or removed
- swimwear or lingerie if the protective gusset strip has been broken or removed
- sealed boxed underwear (which is indicated on the product page) once the seals have been broken or removed
- earrings once the seals have been broken or removed
Effects of cancellation
If you cancel this contract, we will reimburse to you (upon receipt of returned goods where they have previously been sent) all payments received from you, excluding the agreed delivery costs. Where no goods have been yet sent, the amount paid will be reimbursed in full including delivery costs.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than-
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back
It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible if you have registered.
Use of website
This website may be used for your own private purposes and in accordance with these terms and conditions.
You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.
All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
Visitor provided material
When using this website you shall not post or send to or from this website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of this clause.
Links to and from other websites
Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.
Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this website; and
(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this website in breach of this clause you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
Customer/User addresses and email addresses provided to us with orders placed will be automatically added to our marketing database. The placement of an order is deemed to be acknowledgement of and agreement to this action.
The Company regularly sends out an email newsletter and/or other marketing materials (collectively referred to as "Marketing") to all Users. In these Marketing materials, we may inform you about new services, features or products. Users may choose to unsubscribe from the Marketing at any time using the unsubscribe option at the bottom of our emails, or by emailing us at firstname.lastname@example.org.
Title for Consumers
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.
Exclusion of liability
We do not accept liability for any loss or damage that you suffer as a result of using this website.
Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
Law and jurisdiction
These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.